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Lawmakers seek to ban trans fats at Texas restaurants
April 7, 2009

"When you take a look at what's happening in a place like El Paso, Texas, and you see 200-pound fifth-graders, you know we've got to do something about this," said Sen. Eliot Shapleigh, D-El Paso, author of the Senate version of the proposal.

Written by Corrie MacLaggan, The Austin American Statesman

Texas lawmakers seeking to tackle obesity have a new target: trans fat.

Restaurants in the Lone Star State wouldn't be allowed to serve foods with trans fat under a proposal being considered at the Capitol.

Critics say the government shouldn't get between Texans and their chicken-fried steak, but supporters say the proposal is a way to help lower diners' risk for stroke, diabetes and heart disease.

"When you take a look at what's happening in a place like El Paso, Texas, and you see 200-pound fifth-graders, you know we've got to do something about this," said Sen. Eliot Shapleigh, D-El Paso, author of the Senate version of the proposal.

Shapleigh's Senate Bill 204 and House Bill 1523, by Rep. Carol Alvarado, D-Houston, would ban foods containing trans fats from chain restaurants starting Sept. 1, 2010. Restaurants with fewer than 15 locations would have an additional year to comply, as would bakeries that make doughnuts and other deep-fried treats.

Restaurants would still be able to sell packaged foods containing less than half a gram of trans fat per serving.

The 5,000-member Texas Restaurant Association supports the legislation. The group's general counsel, Glen Garey, said that since many restaurants are already cutting out trans fats, the proposal would speed along something he thinks would have eventually happened anyway.

Trans fats — created when liquid oils are turned into solid fats, a process called hydrogenation — are found in shortening, margarine and partially hydrogenated vegetable oils. Like saturated fats, trans fats can raise levels of the bad kind of cholesterol, which increases the risk of coronary heart disease, one of the leading causes of death in the U.S.

These days, there are no trans fats in Dunkin' Donuts items, McDonald's french fries or Oreo cookies, according to the companies.

In Austin, Hut's Hamburgers made the switch a year ago to trans fat-free soybean oil for onion rings, french fries and chicken-fried steak. Owner Mike Hutchison said he couldn't tell a difference in taste and the cost was nearly the same.

Hutchison said that though the proposed legislation wouldn't affect his restaurant, "I don't see why the government should legislate people's eating habits. There's bigger fish to fry."

But Hut's customer Jennifer Balon said the proposal is a great idea.

"It will help all of us as a community to be healthier," Balon said as she left the restaurant Monday after lunch. "It would be great to know that everyone is on board."

The portion of obese Texas adults could increase from 28.8 percent next year to 42.6 percent in 2040 without more prevention efforts, state demographer Karl Eschbach projected in January.

In California, a ban on trans fat will go into effect next year, and New York City, Boston and Philadelphia have similar bans.

But could such a measure pass in Texas?

The House Committee on Public Health will take up the proposal in a public hearing April 14, said the committee chairwoman, Lois Kolkhorst, R-Brenham, who said she's "keeping an open mind." The measure originally included criminal penalties for restaurants that didn't comply, but the authors say they plan to introduce a version that would downgrade them to unspecified civil penalties.

Rep. Jodie Laubenberg, R-Parker, a member of the panel, said she's opposed to the proposal because she doesn't like the government telling private businesses what they can and can't do. She said individual Texans should take responsibility for their health.

"At what point do we stop?" Laubenberg asked. "Why don't we just set up a government feeding center and control it all?"

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